VI. Committee on Subordinate Legislation
248. Committee on Subordinate Legislation and its functions. –
There shall be a committee on Subordinate Legislation to scrutinize and report to the House whether the powers to make regulations, rules, sub-rules, byelaws, etc., conferred by the Constitution or delegated by Legislature are being properly exercised within such delegation and consider such other matters as may be referred to it by the Speaker.
249. – Constitution of the Committee on Subordinate. –
(1) The Committee shall consist of not more than eight members who shall be nominated by the Speaker. The Advocate-General shall be one of them.
(2) The term of office of the members of the Committee shall be one year.
(3) The Speaker may, if he thinks fit, discharge a member from the Committee, if such member is absent from two or more consecutive sittings thereof, without the permission of the Chairperson of the Committee.
(4) Casual vacancies in the Committee shall be filled by the Speaker and any member nominated to fill such a vacancy shall hold office for the period for which the member in whose place he is nominated would have held office under the provisions of sub-rule (2).
250. Chairperson of Committee on Subordinate Legislation. –
(1) The Chairperson of the Committee shall be appointed by the Speaker from amongst the members of the Committee:
Provided that if the Deputy Speaker is a member of the Committee, he shall be appointed Chairperson of the Committee.
(2) If the Chairperson of the Committee is for any reason unable to act, the Speaker may appoint another Chairperson of the Committee in his place.
(3) If the Chairperson of the Committee is absent from any sitting, the Committee shall choose another member to act as Chairperson of the Committee for that sitting.
251. Quorum. –
The quorum to constitute a sitting of the Committee shall be three
252. Chairperson’s casting vote. –
In the case of an equality of votes on any matter, the Chairperson of the committee shall have a second or casting vote.
253. Appointment of Sub-Committees. –
The Committee may appoint one or more sub-committees each having the powers of the undivided Committee, to examine any matter that may be referred to them and the reports of such Sub-Committees, shall be deemed to be the reports of the whole Committee, if they are approved at a sitting of the whole Committee.
254. Evidence before Committee on Subordinate Legislation. –
(1) The Committee on Subordinate Legislation shall have power to require the attendance of persons or the production of papers or records, if such a course is considered necessary for the discharge of its duties :
Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purposes of the Committee, the question shall be referred to the Speaker, whose decision shall be final:
Provided further that Government may decline to produce a document on the ground that its disclosure would be prejudicial to the safety or interest of the State.
(2) A witness may be summoned by an order signed by the Secretary and shall produce such documents as are required for the use of the Committee.
(3) It shall be in the discretion of the Committee to treat any evidence tendered before it as secret or confidential.
(4) No document submitted to the Committee shall be withdrawn or altered without the knowledge and approval of the Committee.
255. Numbering and publication of regulation, rule, sub-rule, etc. –
Each regulation, rule, sub-rule, bye-law, etc., framed in pursuance of the provisions of the Constitution or the legislative functions delegated by legislature to a subordinate authority, and which is required to be laid before the House, hereinafter referred to as “order” shall subject to such rules as the Speaker may in consultation with the Leader of the House prescribe, be numbered centrally and published in the Gazette immediately after it is promulgated.
256. Duties of the Committee. – After each such order referred to in rule 258 is laid before the House, the Committee shall, in particular consider—
(i) whether it is in accord with the general objects of the constitution or the Act pursuant to which it is made;
(ii) whether it contains matter which in the opinion of the Committee should more properly be dealt with in an Act of Legislature;
(iii) whether it contains imposition of any tax;
(iv) whether it directly or indirectly bars the jurisdiction of the Courts;
(v) whether it gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;
(vi) whether it involves expenditure from the Consolidated Fund of the State or the Public Revenues;
(vii) whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made;
(viii) whether there appears to have been unjustifiable delay in the publication or laying it before Legislature;
(ix) whether for any reason its form or purport calls for any elucidation.
257. Report of the Committee. –
(1) If the Committee is of opinion that any order should be annulled wholly or in part, or should be amended in any respect, it shall report that opinion and the grounds thereof to the House.
(2) If the Committee is of opinion that any other matter relating to any order should be brought to the notice of the House, it may report that opinion and matter to the House.
258. Presentation of the Report. –
The Report of the Committee shall be presented to the House by the Chairperson or, in his absence by any member of the Committee.
259. Regulation of Procedure. –
The Speaker may issue such directions as he may consider necessary for regulating the procedure in connection with all matters connected with the consideration of any question of Subordinate Legislation either in the Committee or in the House.